The Veteran's child is not eligible for Chapter 35 Dependents' Education Assistance (DEA) benefits because the basic eligibility period ended before her 26th birthday, and she did not apply within one year of receiving the effective date of the permanent and total disability rating.
The deciding factor: The appellant was born in March 1973 and became 26 years old in March 1999, which is after the basic eligibility period for Chapter 35 DEA benefits ends. Her application for benefits was received many years later than her 26th birthday.
- Claimed conditions
- Permanent and total disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 28, 2018
- Citation
- 18153758
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 18153758.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's spouse was found eligible for Dependents Educational Assistance (DEA) benefits, but the appeal is denied as she did not provide sufficient evidence to show that her physical disability prevented her from completing an educational program within the prescribed period.
- Denied
The Veteran was declared permanently and totally disabled, but the appellant is not eligible for Chapter 35 DEA benefits as she turned 26 before her father's disability rating became effective.
- Granted
The Veteran is entitled to receive nonservice-connected pension benefits due to permanent and total disability, as determined by the Social Security Administration.
- Dismissed
The veteran attempted to reopen a claim for an earlier effective date for the award of VA pension benefits, but the Board dismissed the appeal due to the improper nature of such a claim.
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